State Law Differences: When An Insurer Must Defend


Each state has different standards for determining when an insurance carrier has a duty to defend. Generally, however, they follow one of three approaches:

“Eight Corners” Jurisdictions

Some states apply a strict “eight corners” rule. These states compare the “four corners” of the complaint with the “four corners” of the policy to analyze the duty to defend. Courts following this approach will not look outside of a third party complaint to determine whether the allegations are covered by the policy. Known or knowable facts outside of the complaint do not give rise to a defense obligation unless they are alleged in the complaint. Texas is an eight corners jurisdiction.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Wendel, Rosen, Black & Dean LLP | Attorney Advertising

Written by:


Wendel, Rosen, Black & Dean LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.